Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Bahamas (Ratification: 1976)

The Committee takes note of the Government’s reports.

Article 1 of the Convention. The Committee notes the provisions of the Employment Protection Act, 2001 (articles 34-48) which further strengthen the protection of workers against acts of anti-union discrimination.

Article 2 of the Convention. The Committee had requested the Government to keep it informed of any progress made in adopting provisions, accompanied by effective and sufficiently dissuasive sanctions, adequately protecting workers’ organizations against acts of interference by employers or their organizations. The Government indicates that provisions strengthening this protection are contained in the Trade Unions and Industrial Relations Act, 2000, a copy of which will be sent to the ILO after its adoption by the Legislative Assembly. The Committee hopes that these amendments will be adopted soon and requests the Government to provide it with a copy of the Act once it is adopted.

Article 4 of the Convention. The Government indicates, in reply to the Committee’s request regarding arbitration of disputes in non-essential services, that either party may request that an unconciliated dispute in such services be referred to the tribunal. The Committee recalls in this respect that the voluntary negotiation of collective agreements is an essential element of the Convention and draws the Government’s attention to the principles developed in this respect (General Survey, paragraphs 257-259). It requests the Government to ensure through legislative measures that, except where the situation concerns essential services, the signing of a first collective agreement or a continued deadlock in negotiations, such compulsory arbitration may only be initiated at the joint request of both parties. The Committee requests the Government to provide in its next report information on measures taken in this respect.